Dialogue is the only way to end cybersquatting. Distrust between brand owners and domain owners (with an assist from some cockeyed business incentives) has turned a problem into a very expensive vicious cycle. Now that ICANN is about to launch new top-level domains (TLDs), negotiations must start immediately or both sides will pile up further loses. Here's how the problem plays out now. more
Complainant sells RV parts and accessories in the eastern part of Tennessee. Respondent, no stranger to UDRP proceedings, registers domain names and sets up pages with pay-per-click ads related to the subject of the words in the domain name. Though Complainant had been operating on the web since mid-2004, which is the same year it incorporated, it claimed that its predecessor in interest had been using the ADVENTURERV trademark since 1989. more
Minds + Machines reports: "A quantitative analysis of UDRP data for all open generic Top-Level Domains (gTLDs) concludes that the introduction of new gTLDs will result in approximately 316 new cases of cybersquatting, and that the resultant cost to trademark holders, overall, will be $870,000 per year -- less than less than $.10 for each trademark registered worldwide, or about $.44 per trademark registered in the United States. The data show that cybersquatting correlates to registration volume across all open gTLDs, not to the number of gTLDs, but is more prevalent in .com." more
For the benefit of trademark owners, ICANN has something called the UDRP (Uniform Dispute Resolution Process) that allows the owner to file a complaint against an allegedly infringing domain name, to be resolved by one of a small set of arbitrators. About 90% of UDRP cases that proceed to a decision are decided in favor of the complainant; opinions differ as to whether that's because of the merit of the complaints or the institutional bias of the arbitrators. more
To say that it's been quite a year in the world of domain names would be an understatement. From compromised country code Top-Level Domains (ccTLD) registries, to the delay of new generic Top-Level Domains (gTLDs), some of the events of the past year have been surprising, while others could easily have been predicted. Regardless of whether you could have seen these coming, please find below my list of 2009's most important domain name events...at least, as I see them. more
In the midst of ICANN's decision to ask the Generic Names Supporting Organization (GNSO) to create proposals on trademark protection mechanisms, the World Intellectual Property Organization (WIPO) announced that it will launch a fast-track UDRP process... The WIPO move is flawed and creates various problems. Here is an account. more
In 1999, the Internet Corporation for Assigned Names and Numbers (ICANN) developed a policy to resolve disputes between trademark owners and registrants of domain names. This policy, the Uniform Domain-Name Dispute Resolution Policy (UDRP) was made available for disputes concerning an alleged abusive registration of a domain name. In the past 10 years alone, more than 16,000 disputes have been filed resulting in more than 10,000 domain name transfers. more
Upon being appointed as ICANN's new CEO in Sydney, Rod Beckstrom gave a rousing speech in which he stressed the vital importance of free expression on the Internet... Many ordinary, powerless people are indeed willing to fight and die. But is ICANN going to help them? Or at very least make sure that their decisions won't help those who want to muzzle them? more
The ICANN Implementation Recommendation Team (IRT) working group has published its final report, which I decided to analyze a bit further. I already made a few comments last month, both in the At-Large Advisory Council framework and on my own. There are several issues raised by the recommendations of this report. The Uniform Rapid Suspension system (URS) is one. more
ICANN realized during the Mexico City public meeting that its draft proposals for new generic Top-Level Domains (gTLDs) did not take sufficient account of the trademark problems that might arise if the new top level domains become havens for cybersquatters. ICANN sensibly asked the trademark and brand owners to propose rules and procedures that might address these problems... more
The World Intellectual Property Organization put out a release yesterday trumpeting an eight percent increase in domain name disputes handled by WIPO. In 2008 there were 2329 complaints filed with WIPO, the most ever. WIPO uses the increase to raise questions about the possible increase in the number of available generic top-level domains... more
The National Arbitration Forum today announced that a total of 1,770 cases were filed in its domain name dispute resolution program in 2008. The National Arbitration Forum, approved by ICANN, provides domain name dispute resolution services under policies like the Uniform Domain Name Dispute Resolution Policy (UDRP). Nearly all 1,770 cases filed (98%) in 2008 involved UDRP domain names, like .com and .org and the rest involved usDRP domain names with the .us extension, according to the announcement... more
The reports and analysis by Dr. Dennis Carlton are deeply, deeply flawed. I will prepare a long rebuttal to it in the coming weeks, but wanted to go on the record early as to its weaknesses. The analysis appears to be based on a very limited review of the market for domain names, and utilizes little actual data. It fails to even consider how nuanced the market for domain names has become, and how registry operators can exploit those nuances, including tiered-pricing... more
This is a complex lawsuit by trademark owners attacking domaining and the role of the Google AdSense for Domains program in funding domaining activity. When I first blogged on the case in 2007, I wrote: "the lawsuit could effectively fall apart if the judge rejects formation of a class. Trademark class action lawsuits are rare for good reason..." Last week, the court ruled on class certification, and perhaps not surprisingly, the court denied certification -- giving Google and the other defendants an early Christmas gift. more
The Coalition Against Domain Name Abuse (CADNA) recently released a statement that implied that cybersquatting is a criminal activity. It said, "CADNA has been working diligently to further international and national policies that combat the practice of cybersquatting... As brands continue to learn about the prevalence and practice of online criminal activities..." While, Internet Commerce Association (ICA) vigorously opposes cybersquatting, it is important to note that cybersquatting is a civil matter, not a criminal one. There is a good reason that cybersquatting is a civil matter... more
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